Date: October 28, 2015 E.C.

Legal Rule:

• Proof of Andera (Trust) Agreements: Similar to loan agreements, andera agreements for amounts exceeding 500 Birr require written proof. A bank transfer slip (hawala) by itself is insufficient to prove the existence of an andera agreement. (Civil Code Articles 2782/1 and 2472, as interpreted by subsequent case law).

Summary of Facts:

The Appellant claimed she entrusted money (andera) to the Respondent. The Respondent claimed it was loan repayment. The lower courts ruled against the Appellant, stating andera agreements over 500 Birr must be in writing.

Decision of the Supreme Court:

The Supreme Court affirmed the lower courts' decisions. While acknowledging a previous case where a hawala was accepted as proof of a loan, the Court emphasized later precedents establishing that a hawala only proves the transfer of money, not the purpose of the transfer. Just like loans, andera agreements over 500 Birr require written proof. The Appellant's claim was dismissed (except for a small acknowledged amount) due to lack of a written andera agreement.